Delhi High Court
Avnija Ahluwalia vs Central Board Of Secondary ... on 25 July, 2018
#72
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 25.07.2018
W.P.(C) 7692/2018
AVNIJA AHLUWALIA ..... Petitioner
versus
CENTRAL BOARD OF SECONDARY
EDUCATION AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. K.P. Toms and Mr. Anil S. Bist, Advocates
For the Respondents : Mr. Atul Kumar, Advocate for R-1 & R-2
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
CM APPL.29480-29481/2018
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(C) 7692/2018 & CM APPL.29479/2018 (Directions)
1. The present writ petition under Article 226 of the Constitution of
India, prays as follows:-
"In view of the above mentioned facts and circumstances, it is
therefore, most respectfully prayed that this Hon'ble Court
may be pleased to:-
A. Issue writ of Mandamus or any other
Writ/directions/orders to the respondents for issue
of fresh Secondary School examination class Xth
mark sheet (Roll No.5360565) and certificates
(2017-2018) of the petitioner by changing
petitioner's mother's name from SIMRAN
AHLUWALIA to PRAKRITISHRI ALDAAN.
B. Pass any other order which the Hon'ble Court may
deem fit in the facts and circumstances of the case."
2. The relief of permitting a change in the name of the petitioner's
mother in the Secondary School Examination Class Xth Mark Sheet (Roll
No.5360565) and certificate (2017-2018), is predicated on the circumstance
that, subsequent upon the divorce of the petitioner's biological parents, the
mother re-married one, Mr. Aldaan Rajan Sharma and is desirous that her
name be corrected in the said Mark Sheet and Certificate issued by the
CBSE to her daughter.
3. Learned counsel appearing on behalf of the petitioner would invite my
attention to the notification bearing File No.CBSE/Coord/EC-31-03/2015
dated 25.06.2015, issued in this behalf by the CBSE and in particular Rule
69.1(i), which reads as follows:-
Rule Existing Rule Amended Rule
No.
69.1(i) Change of Applications regarding
candidate/Father/Mother/Guardian changes in name or
once entered in the Board's record at surname of candidates
any stage while studying in Class IX, may be considered
X, XI, XII or thereafter, within a provided the changes
period of ten years from the date of have been admitted by
issue of first such document shall be the Court of law and
considered on written request of the notified in the
Candidate (not minor) /father/ Government Gazette
mother/ guardian duly forwarded by before the publication
the Head of the institution supported of the result of the
by the following documents: candidate.
a) Original copy of two
newspapers (daily English/
Hindi newspaper at National
level & daily newspaper in a
vernacular language
circulated in the locality).
b) Original Affidavit duly sworn
before the Judicial Magistrate,
First Class/ Metropolitan
Magistrate/ Executive
Magistrate/ Sub Divisional
Magistrate.
c) Original copy of Publication
in Government Gazette.
d) Payment of prescribed fee.
e) True copy of admission form
filled in by the parents duly
updated as per Gazette
Notification of desired change
and duly attested by the Head
of the concerned institution.
f) True copy of school leaving
certificate of the previous
school submitted by the
parent/ candidate at the time
of admission and updated as
per Gazette Notification of
desired change, duly attested
by the Head of the concerned
institution.
g) True copy of the page of
admission and withdrawal
register of the school where
the entry has been made in
respect of candidate showing
updation as per Gazette
Notification of desired
change, duly attested by the
Head of the concerned
institution.
(Emphasis Supplied)
4. Issue notice.
5. Mr. Atul Kumar, learned counsel accepts notice on behalf of
respondent Nos.1 and 2.
6. With the consent of counsel for the parties, the writ petition has been
heard finally and is disposed of with the following order:-
7. A plain reading of the rule extracted hereinabove, leaves no manner of
doubt that, applications requesting change in the name or surname of
candidates can be granted, provided the same have been admitted by a Court
of Law and notified in the Official Gazette, before publication of the result
of the candidate.
8. In the present case, not only does the official record reflect the change
in name of the petitioner's mother from "SIMRAN AHLUWALIA" to
"PRAKRITISHRI ALDAAN", but the same has also been notified in the Official
Gazette pursuant to publication in the newspapers.
9. Further, the application seeking change in the name of the petitioner's
mother was initiated on 13.11.2017, prior to the publication of the petitioner's
result and consequent issuance of the subject Mark Sheet and Certificate.
10. In view of the foregoing, in my considered view, the present petition
deserves to be allowed. The petition is accordingly allowed with a direction to the
respondents No.1 and 2 to issue fresh Secondary School Examination Class Xth
Mark Sheet and Certificate (2017-2018) to the petitioner after carrying out the
necessary change in the name of the petitioner's mother from "SIMRAN
AHLUWALIA" to "PRAKRITISHRI ALDAAN", forthwith.
11. Needless to state that, the petitioner shall surrender the Certificate and Mark
Sheet issued to her, in this behalf, to the CBSE, prior to the latter complying with
the directions issued by this Court.
12. With the above directions, the writ petition is disposed of. The pending
application also stands disposed of.
SIDDHARTH MRIDUL
(JUDGE)
JULY 25, 2018
dn
